sfha_commission book_051012
DESCRIPTION
Henry A. Alvarez III Executive Director Matthew Schwartz, Commissioner Dorothy Smith, Commissioner Micah Allen, Commissioner Rev. Amos Brown, President Ahsha Safai, Commissioner May 10, 2012 Dr. Veronica Hunnicutt, Commissioner 4:00 pm Mirian Saez, Vice President 1 2TRANSCRIPT
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SAN FRANCISCO HOUSING AUTHORITY
Rev. Amos Brown, President
Mirian Saez, Vice President
Micah Allen, Commissioner
Dr. Veronica Hunnicutt, Commissioner
Ahsha Safai, Commissioner
Matthew Schwartz, Commissioner
Dorothy Smith, Commissioner
BOARD AGENDA
May 10, 2012
4:00 pm
Board of Commissioners Room
440 Turk Street
San Francisco Ca. 94102
(415) 715-3280
Henry A. Alvarez III
Executive Director
.The Mission of the S
“The Mission of the San Francisco Housing Authority is to deliver safe and decent
housing for low income households and integrate economic opportunity for
residents.”
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Table of Contents MEETING NOTICE .................................................................................................................................. 3
PUBLIC COMMENTS ON ....................................................................................................................... 6
SECRETARY’S REPORT ......................................................................................................................... 7
TENANT REPRESENTATIVE REPORT: ........................................................................................... 24
REGULAR BUSINESS AGENDA: ......................................................................................................... 25
COMMISSIONER’S COMMENT .......................................................................................................... 64
CLOSED SESSION .................................................................................................................................. 65
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EDW I N M. L E E , MA Y O R
SA N F R A N C I S C O HO U S I N G AU T H O R I T Y RE V . AM O S C BR OW N , P R E S I D E N T
SAN FRANCISCO HOUSING AUTHORITY
Mirian Saez, Vice President
Micah Allen, Commissioner
Dr. Veronica Hunnicutt, Commissioner Ahsha Safai, Commissioner
Matthew Schwartz, Commissioner
Dorothy Smith, Commissioner
Henry A. Alvarez III, Executive Director
440 TURK STREET
SAN FRANCISCO, California 94102 www.sfha.org
MEETING NOTICE
Thursday, May 10, 2012·4:00 p.m.
1. The San Francisco Housing Authority holds its meetings at 440 Turk Street, San Francisco, California 94102.
2. Disability Access: 440 Turk Street is accessible to persons using wheelchairs and others with disabilities. Assistive listening devices
are available upon request. Agendas are available in large print. Materials in alternative formats and/or American Sign Language
interpreters will be made available upon request. Please make your request for alternative format or other accommodations to the Office of the Ombudsman and Communication (415) 715-3232 (V); (415) 715-3280 (“TTDY”) at least 72 hours prior to the meeting
to help ensure availability.
3. The closest accessible BART station is Civic Center, three blocks from City Hall. Accessible MUNI lines serving this location are:
#47 Van Ness, #49 Van Ness, #71 Haight/Noriega, #5 Fulton, #21 Hayes, 36 Parnassus, #7 Haight, the F Line to Market and Van
Ness and any line serving the Metro Stations at Van Ness and Market and at Civic Center. For more information about MUNI accessible services, call 415-673-6142. There is accessible parking across the street from City Hall at Civic Center Garage as well as
across the street from the Federal Building on Larkin.
4. Agenda, minutes and attachments are available at www.sfha.org as well as the San Francisco Housing Authority Administrative
Office located at 1815 Egbert Avenue, San Francisco, California 94124. If any materials related to an item on this agenda have been
distributed to the San Francisco Housing Authority Board of Commission after distribution of the agenda packet, those materials are
available for public inspection during normal office hours at the San Francisco Housing Authority at 1815 Egbert Street San Francisco
CA 94124
5. In order to assist the San Francisco Housing Authority’s efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to
various chemical based products. Please help the San Francisco Housing Authority accommodate these individuals.
6. The use of electronic sound-producing devices at/during public meetings is prohibited. Please be advised that the meeting President
may remove any person(s) responsible for the ringing or use of cell phones, pagers and similar sound-producing electronic devices
from the meeting room.
7. Requests for public comment may be heard on items not on the agenda as well as after staff presentation on any Regular Agenda Item.
Speakers at Board meetings are requested, but not required, to identify themselves and fill out cards placed on the table at the entrance door. When the Board considers policy, which has not been considered by a committee, testimony is welcome during the Public
Comment portion of the meeting. Testimony is not permitted when an opportunity has been given at a committee hearing for
testimony on an item. The public may address the Board for up to two minutes or four minutes for speakers who require an interpreter, or unless otherwise approved by the Board of Commissioners. The President, or the Board, may limit the total testimony
to 30 minutes. A speaker may not yield his or her time to another speaker. Board Procedures, do not allow for dialogue between the
Board and the public. The Board may not take action on a new proposal, which is not on the agenda.
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AGENDA -------------------------------------------------------------------------------------------------------------------------------
ORDER OF BUSINESS
1. Call to order and roll call
2. Approval of agenda
3. Public comments on items not on the agenda: limited minutes
Note: This portion of the agenda is not intended for debate or discussion with the Commission or staff.
Please simply state your business or the matter you wish the Commission or staff to be aware of. It is not
appropriate for commissioners to engage in a debate or respond on issues not properly set in a publicly
noticed meeting agenda. If you have questions or would like to bring a matter to the Commissions’
attention, please contact the Executive Office of the San Francisco Housing Authority at [email protected].
4. Secretary’s Report
a. Response to Public Comments
b. Weekend Work Pilot 9916 and 7105 Schedule
c. Informational Presentation: Procedure for Converting SFHA Communities to Non-smoking
d. Update on the 2012 Annual Plan Process
5. Tenant representative report:
a. City Wide Council - senior/disabled (“CCSD”)
b. Public Housing Tenants Association (“PHTA”)
6. Regular Business: Public comment will be taken after staff presentation on each agenda item. Speakers
are encouraged to complete a comment card. Speakers will be limited to two minutes or four minutes for
speakers who require an interpreter.
a. Consent items
1) Approval of Minutes: April 26, 2012
Public Comment
b. Action item
1) [Resolution Authorizing the Executive Director to Extend the Memorandum of
Understanding between MEA and SFHA until September 30, 2013.] Presented by:
Roger Crawford, Special Assistant, Executive Office
Public Comment
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2) [Resolution Authorizing the Executive Director to Enter Into a Site Based Wait
List Agreement with Tenderloin Neighborhood Development Corporation.]
Presented by: Nicole McCray-Dickerson, Acting Director, Housing Choice Voucher
Program
Public Comment
7. Commissioner’s comment
8. Closed session
None
9. Adjournment
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PUBLIC COMMENTS ON
ITEMS NOT ON THE AGENDA: LIMITED MINUTES
Note: This portion of the agenda is not intended for debate or discussion with the
Commission or staff. Please simply state your business or the matter you wish the
Commission or staff to be aware of. It is not appropriate for commissioners to engage in
a debate or respond on issues not properly set in a publicly noticed meeting agenda. If
you have questions or would like to bring a matter to the Commissions’ attention, please
contact the Executive Office of the San Francisco Housing Authority at [email protected].
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SECRETARY’S REPORT
a. Response to Public Comments
b. Weekend Work Pilot 9916 and 7105 Schedule
c. Informational Presentation: Procedure for Converting SFHA
Communities to Non-smoking
d. Update on the 2012 Annual Plan Process
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EDW I N M. L E E , MA Y O R
S A N F R A N C I S C O HO U S I N G AU T H O R I T Y RE V . AM O S C. BR OW N , P R E S I D E N T
SAN FRANCISCO HOUSING AUTHORITY
Date: Friday, March 30, 2012
To: Board of Commissioners
From: Henry A. Alvarez III, Executive Director
Re: Responses to Public Comment at Commission Meeting on April 26, 2012
Commenter Helani Ting, resident of Park Merced expressed concern that she does not think her
utility bills are calculated correctly because of shared utility meters at Park Merced.
Staff Response:
Park Merced uses a common practice of determining rates for billing tenants for utilities
based on the size of the unit and/or the number of occupants in a unit. Information
regarding how utilities are to be billed is contained in the lease agreement that Ms. Ting
signed when she moved into Park Merced. If Ms. Ting disputes the rate she is being
charged for utilities she can bring this to the attention of Park Merced.
Commenter James Mc Nealey, resident at 1750 Mc Allister, expressed concern that his neighbor
is engaging in illegal activity within the unit. Additionally, Mr. Mc Nealey stated that he did not
have hot water in his unit.
Staff Response:
In response to his complaints, the Authority offered Mr. Mc Nealey a transfer to a new
unit, which he refused. Additionally, SFHA staff is working with the San Francisco Police
Department to address Mr. Mc Nealey’s concerns regarding alleged illegal activity in the
neighbor’s unit.
Furthermore, the SFHA recently repaired the water heater system to avoid the problem of
inconsistent delivery of hot water in the building.
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AGENDA
SAN FRANCISCO HOUSING AUTHORITY BOARD OF COMMISSIONERS
Agenda Category: Informational: Executive Office
Agenda Title: Procedure for Converting SFHA Communities to Non-Smoking
Presented By: Roger Crawford, Special Assistant to the Executive Director
SUMMARY:
Pursuant to the Commission’s request, the following is a brief overview of the laws and policies
that encourage entities like the Housing Authority to adopt non-smoking policies. Also included
in the discussion is an overview as to how the SFHA could adopt such a policy within its
communities.
A. Laws and Policies
The Federal, State and Local government have all encouraged owners of Multi Unit Housing
Complex’s to adopt smoke free policy.
1. U.S. Department of Housing and Urban Development
On July 17, 2009 the U.S. Department of Housing and Urban Development Issued PIH -2009-
21(HA) regarding non-smoking policies in public housing. The notice “strongly encourages
Public Housing Authorities (PHAs) to implement non-smoking policies in some or all of their
public housing units.” (Cross Reference 24 CFR 903.7(b)(3); 24 CFR 903.7(e)(1)).
Attachments: None
Copies of any attached documents are available at the clerk’s desk.
DEPARTMENTS REQUESTED ACTION:
None.
EXECUTIVE DIRECTOR’S RECOMMENDATION:
None.
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Non-Smoking
May 10, 2012
Page 2
Because environmental Tobacco Smoke (ETS) can migrate between units in multifamily
housing, causing respiratory illness, heart disease, cancer, and other adverse health effects in
neighboring families, the Department of Housing and Urban Development is encouraging PHAs
to adopt non-smoking policies. (See attachment I.)
2. California Civil Code section 1947.5
“A landlord of a residential dwelling unit, as defined in Section 1940, or his or her agent, may
prohibit the smoking of a cigarette, as defined in Section 104556 of the Health and Safety Code,
or other tobacco product on the property or in any building or portion of the building, including
any dwelling unit, other interior or exterior area, or the premises on which it is located, in
accordance with this article.”
Note: The lease must include a provision that specifies the areas on the property where smoking
is prohibited.
3. San Francisco Local Ordinance
Applicable Law: San Francisco Health Code, Article 19F, Sections 1009.21(f), (k), (0);
1009.22(f), (i)
The Department of Public Health encourages Multi-Unit or Multi-Unit Housing Complex
(MUHC) to adopt smoke-free buildings.
“The intent of the law is to protect residents from exposure to second hand smoke in order to
save lives. Smoke free housing policies are the best protection and will save lives. Such policies
simply require that smokers go outside to smoke. They do not prohibit smokers from living in a
unit. DPH strongly recommends that MUHC’s that have adopted smoke free policies continue to
enforce those policies through lease/occupancy agreements and/or home owner’s covenants,
conditions and restrictions. There is no constitutional right to smoke; as smoking is not protected
under the Civil Rights Act of 1964 or any other Housing and Urban Development-enforced civil
rights authorities.”
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Non-Smoking
May 10, 2012
Page 3
Thus, based on these laws and policies, if the SFHA were to adopt a non-smoking policy, it
would be well within local, state and federal recommendations.
B. Implementation
PHA Plans: PHAs opting to implement a non-smoking policy should update their PHA plans.
According to 24 CFR 903.7(e), their plan must include their statement of operation and
management and the rules and standards that will apply to their projects when the PHA
implements their non-smoking policy. PHAs are encouraged to revise their lease agreements to
include the non-smoking provisions.
If PHAs institute non-smoking policies, they should ensure that there is consistent application
among all projects and buildings in their housing inventory in which non-smoking policies are
being implemented. The SFHA is currently going through its annual plan process and can adopt
new policies and amend its lease through this process (See attachment II).
Lease Amendments: The Housing Authority could also amend its lease outside of the annual
plan process to enforce a non-smoking policy in individual units. There is typically a 90-120 day
notice and public comment period for any amendments to the lease. (See attachment III.)
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TENANT REPRESENTATIVE REPORT:
a. City Wide Council - Senior/Disabled (“CCSD”)
b. Public Housing Tenants Association (“PHTA”)
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REGULAR BUSINESS AGENDA: Public comment will be taken after staff presentation on each agenda item. Speakers are encouraged to
complete a comment card. Speakers will be limited to two minutes or four minutes for speakers who
require an interpreter. Board Procedures, do not allow for dialogue between the Board and the public.
a. Consent items
1) Approval of Minutes: April 26, 2012
Public Comment
b. Action item
1) [Resolution Authorizing the Executive Director to Extend the Memorandum
of Understanding between MEA and SFHA until September 30, 2013.]
Presented by: Roger Crawford, Special Assistant, Executive Office
2) [Resolution Authorizing the Executive Director to Enter Into a Site
Based Wait List Agreement with Tenderloin Neighborhood Development
Corporation.] Presented by: Nicole McCray-Dickerson, Acting Director,
Housing Choice Voucher Program
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MINUTES
SAN FRANCISCO HOUSING AUTHORITY
BOARD OF COMMISSIONERS MEETING
April 26, 2012
SCHEDULED: 4:00 p.m. at 440 Turk Street, San Francisco, CA 94102
COMMISSIONERS PRESENT: COMMISSIONERS ABSENT:
Rev. Amos C. Brown, Chair
Mirian Saez, Vice Chair Rev. Amos C. Brown, Chair
Matthew Schwartz, Commissioner
Ahsha Safai, Commissioner
Dorothy Smith, Commissioner
Micah Allen, Commissioner
Dr. Veronica Hunnicutt, Commissioner arr: 4:14
Item 1: Meeting called to order
President Rev. Amos Brown called meeting to order at 4:03pm
Item 2: Approval of Agenda
Motion: Commissioner Allen: Motioned to approve agenda
Commissioner Schwartz: Seconded motion
Vote: All approved
Item 3: Public Comments on items not on the agenda
Helani Ting, resident at Park Merced, requested clarification on how the utilities are
being charged since there are shared meters for all residents.
James McNealey, resident of 1750 McAllister, requested assistance with his neighbor in
unit number 207 whom he believes has a crack house. Further, Mr. McNealey needs
assistance in getting his hot water running again.
Item 4: Secretary’s Report
Rose Dennis, Case Management Analyst, provided the Board with an overview of the
Sunnydale election process, which will begin in June of 2012.
President Brown asked what types of outreach the Housing Authority is partaking in to
assure that residents are aware of the process.
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Ms. Dennis responded that various resources have been allotted for outreach efforts
including dialogue and clarification of the process directly with the residents. Ms.
Dennis invited the Board to be involved as well.
Commissioner Schwartz requested more information on the monitoring of the elections.
Ms. Dennis responded that residents of Sunnydale may be monitors as well as neutral
third party monitors who are not residents of Sunnydale and further.
Commissioner Allan requested more information on the outreach efforts being conducted
by the Housing Authority.
Ms. Dennis responded that all residents in Sunnydale will be provided with an invitation
to participate in the election process and that the property managers of Sunnydale have
also volunteered their time to assist in outreach efforts.
Commissioner Allan requested to be involved in the process.
President Brown asked the Secretary how involved Commissioners may be in the election
process.
The Secretary responded that, with the exception of voting, Commissioners may be
involved in the process.
Commissioner Allan asked if he could be a monitor.
The Secretary responded “yes.”
Commissioner Schwartz requested clarification in regards to the endorsement of
candidates.
President Brown commented that the Commissioners should not endorse candidates but
expressed interest in being involved to the degree necessary for assurance that residents
are participating in the process.
Commissioner Schwartz agreed.
Linda Martin-Mason, Ombudsman, reported to the Board that all Family Developments
would be hosting a DCYF Summer Lunch program or be within two blocks from a
Summer Lunch site. Further, Mrs. Martin-Mason informed the Board that the Potrero
Resource Center would be the lead agency for Potrero Annex, which is a minor change to
the Commission Packet provided.
Commissioner Allan asked who would be hired for the sites.
Mrs. Martin-Mason responded that the Housing Authority will be hiring approximately
18 summer coordinator positions.
Commissioner Allan asked if the Potrero Resources Center will be providing the summer
lunch out of their site.
Mrs. Martin-Mason responded in the affirmative.
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Linda Martin-Mason, Ombudsman, reported that the suggested preferences have been
updated for the Commissioners since the last packet. Moreover, absent comments from
the Resident Advisory Board and the public, the preferences may remain the same.
Second, notices for the Public Meeting have been sent to all Housing Choice Voucher
Participants along with residents of the Conventional Public Housing Program scheduled
for May 31, 2012 at the Westbay Conference Center.
Secretary Alvarez requested permission from the Board that Bevan Dufty, Director of
HOPE, be provided with an opportunity to speak.
Mr. Dufty provided an overview to the Commission of the Office of HOPE and their
goals. Moreover, Mr. Dufty expressed an interest in continuing to work with the Housing
Authority to reduce homelessness in San Francisco.
Secretary Alvarez shared that he would be attending a conference with Mr. Dufty and
Mayor Lee to preview targeted housing in Seattle as well as visit the Seattle Housing
Authority.
Item 5: Tenant Representative Report
1. Citywide Council Senior Disabled (CCSD)
Beverly Saba, President of CCSD, reported that CCSD is waiting for the results of the
ROSS grant application, waiting to find out which Senior/Disabled property qualify
for state of the art computers through the Department of Aging and Adult Services
department; waiting for a response from HUD regarding the 666 Ellis Elections;
waiting for the joint resolution made by PHTA and CCSD pertaining to maintenance
monitoring.
2. Public Housing Tenants Association (PHTA)
None
Item 6: Regular Business
A. Consent Items
Minutes
o Minutes of regular Board meeting held on April 12, 2012
Public Comment:
None
Motion: Commissioner Hunnicutt: Motion for approval
Commissioner Allan: Seconded the motion
Vote: All approved
B. Action Items
None
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Item 7: Commissioners Comments
Commissioner Saez requested that the Housing Authority provide the participants of
Park Merced an explanation of how meters and individual meter rates be allocated.
Further, Commissioner Saez requested that the Housing Authority state, prior to
Public Comment that the Commissioners will not engage in dialogue during the
Public Comment period.
Commissioner Hunnicutt requested a report on the outcome of the May 8, 2012
preference discussion.
Commissioner Allan requested that the resident at 1807 25th Street needs
maintenance in regards to the electrical sockets in her unit, a broken bedroom door,
and a stove that needs to be replaced. Further, Commissioner Allan is requesting that
the Housing Authority assist Lynn Daniels by providing him with a unit.
Item 8: Closed Session
The Board decided to enter into settlement discussions for Vivian Neal, pending
litigation, Tim Barrow, worker’s compensation, and Fern Hunt, worker’s
compensation.
Item 9: Adjournment by consensus 5:15
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AGENDA
SAN FRANCISCO HOUSING AUTHORITY BOARD OF COMMISSIONERS
Agenda Category: Action: Executive Office
Agenda Title: Resolution Authorizing the Executive Director to Enter into a one-
year Contract Extension with the Municipal Executives Association
(MEA) From September 30, 2012 until September 30, 2013
Presented By: Roger Crawford, Special Assistant to the Executive Director. ______
SUMMARY:
MEA is the labor union that represents the management employees at the SFHA. The MOU
between the parties will expire on September 30, 2012. MEA has therefore requested that the
Authority extend the contract between the parties until September 30, 2013. The parties have
tentatively agreed to this extension. Other than the term, the extension will not result in any
changes to the terms and conditions of the existing contract (attachment).
[Continued on Page 2]
Attachments: I. MOU between the SFHA and MEA
Copies of any attached documents are available at the clerk’s desk.
DEPARTMENTS REQUESTED ACTION:
Staff recommends approval.
EXECUTIVE DIRECTOR’S RECOMMENDATION:
I concur with the requested action.
Agenda Item No. 1
Date: May 10, 2012
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SFHA-MEA MOU
May 10, 2012
Page 2
As outlined below, the SFHA through the most recent negotiations with MEA in 2010, was able
to obtain significant concessions from MEA that will result in cost savings to the agency and
greater operational efficiency. These concessions will continue through the one-year contract
extension into 2013. Some key concessions included:
Wage Freeze: The wage freeze the parties agreed to will continue until September 2013
Acting Pay: Reduced from 7.5% to 5% of an employee’s salary
Back Pay: Back pay rewards are reduced to 60 days prior to the filing of any grievance
Probationary Period: Increased from 6 months to 12 months.
Management Time Off: This is a type of leave provided to MEA employees that will
not be paid out in cash at the time of an employee’s separation.
WHO BENEFITS
Both the SFHA and MEA employees benefit by having a labor agreement through September 30,
2013, ensuring continuity of service and work performed.
BUDGET CONSIDERATIONS
The MOU’s key provisions, as noted above, will continue to result in a cost savings to the
agency over the term of the agreement.
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ATTACHMENT I
Memorandum of Understanding between the San Francisco Housing Authority and the San
Francisco Municipal Executives’ Association
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RESOLUTION NO. _________________
DATE ADOPTED: May 10, 2012
RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A
ONE-YEAR CONTRACT EXTENSION WITH THE MUNICIPAL EXECUTIVES
ASSOCIATION (MEA) FROM SEPTEMBER 30, 2012 UNTIL SEPTEMBER 30, 2013
WHEREAS, the San Francisco Housing Authority (“Housing Authority”) and MEA, have
tentatively agreed to a one-year extension on issues related to the compensation and certain terms
and conditions of employment for unit members, pursuant to Government Code Sections 3500 et
seq. (Meyers-Milias-Brown Act). The contract between the parties will now expire on
September 30, 2013; and
WHEREAS, all costs associated with the execution of the aforementioned Memorandum of
Understanding will be cost allocated as appropriate and in accordance with Federal Regulations
to the various funding sources of the Housing Authority;
NOW THEREFORE, BE IT RESOLVED THAT:
1. The Executive Director is hereby authorized to execute a one-year extension of the
Memorandum of Understanding between the SFHA and the Municipal Executives
Association from October 1, 2012 until September 30, 2013.
2. This Resolution will immediately take effect.
APPROVED AS TO FORM AND LEGALITY: REVIEWED BY:
___________________________________ _______________________________
Timquin Larsen, General Counsel Rev. Amos Brown, President
Date: ______________________________ Date: __________________________
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AGENDA
SAN FRANCISCO HOUSING AUTHORITY BOARD OF COMMISSIONERS
Agenda Category: Action-Section 8 Department
Agenda Title: Resolution Authorizing the Executive Director to Enter Into a Site
Based Wait List Agreement with Tenderloin Neighborhood
Development Corporation
Presented by: Nicole McCray Dickerson, Acting Director Section 8
SUMMARY:
The Tenderloin Neighborhood Development Corporation (“TNDC”) currently manages 70
Section 8 project based units at the following sites:
1. Dalt Hotel, 34 Turk Street, San Francisco, CA,
2. West Hotel, 141-145 Eddy Street, San Francisco, CA
TNDC approached the San Francisco Housing Authority (“SFHA”) with a proposal to manage
site based wait lists for the 70 units.
Currently, TNDC has over fifteen units that it cannot lease-up from the SFHA’s wait list. The
single room occupancy (“SRO”) list managed by the SFHA does not have any more referrals for
TNDC. To expedite TNDC’s need to lease space at their sites SFHA staff is seeking, through an
MOU, to allow TNDC to manage its own site based wait list.
[Continued on Page 2]
Attachment: I. Proposed MOU between the San Francisco Housing Authority and the
Tenderloin Neighborhood Development Corporation
II. Resolution
Copies of any attached documents are available at the clerk’s desk.
DEPARTMENTS REQUESTED ACTION:
Staff recommends adoption of this Resolution.
EXECUTIVE DIRECTOR’S RECOMMENDATION:
I concur with the requested action.
Agenda Item No. 2
Date: May 10, 2012
56
TNDC Site Based Waiting List
May 10, 2012
Page 2
PROCESS:
The following steps will be taken in order to implement the site based wait list system:
a. Administrative Plan
The SFHA will include site based wait lists for TNDC’s properties as part of the annual
plan process. The Administrative Plan will be presented to the Board of Commissioners
at the end of June.
b. Exhaust the Wait List
24 CFR Section 983.251 provides the following:
“(2) The PHA may use a separate waiting list for admission to PBV units or may use the same waiting list
for both tenant-based assistance and PBV assistance. If the PHA chooses to use a separate waiting list
for admission to PBV units, the PHA must offer to place applicants who are listed on the waiting
list for tenant-based assistance on the waiting list for PBV assistance.” (Emphasis Added)
“(3) The PHA may use separate waiting lists for PBV units in individual projects or buildings (or
for sets of such units) or may use a single waiting list for the PHA's whole PBV program.”
(Emphasis Added)
Before TNDC can create its own wait list, the SFHA must offer to place applicants who are on
its current tenant based wait list the opportunity to be placed on TNDC’s project/site based wait
list.1
c. Referrals
Once the SFHA has completed the process of offering applicants the opportunity to be placed on
TNDC’s site based wait lists, TNDC can then begin the process of creating/adding applicants to
its site based list. As units are vacated TNDC will then pull prospective tenants off of their site
based list and refer them to the SFHA for screening, i.e. income verification, criminal
background check.
1 This will help the SFHA in purging its current list of over 11,000 applicants.
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ATTACHMENT I
Memorandum of Understanding (“agreement) between the San Francisco Housing Authority
(“SFHA”) Tenderloin Neighborhood Development Corporation (“TNDC”) and the property
owner (“Owner”)
58
MEMORANDUM OF UNDERSTANDING (“AGREEMENT) BETWEEN THE SAN
FRANCISCO HOUSING AUTHORITIY (“SFHA”) TENDERLOIN NEIGHBORHOOD
DEVELOPMENT CORPORATION (“TNDC”) AND THE PROPERTY OWNER
(“OWNER”)
THIS AGREEMENT is entered into this ________ day of ______________________,
2012, (“THE EFFECTIVE DATE”) by and between the SFHA, TNDC and the Owner
(collectively known as “THE PARTIES”). This AGREEMENT shall be effective from THE
EFFECTIVE DATE and shall continue for one year unless terminated as set forth herein.
WHEREAS, THE PARTIES are desirous of entering into this AGREEMENT, the details
of which are hereinafter described.
WHEREAS, THE PARTIES are able and agreeable to entering into such an
AGREEMENT based on the terms and conditions hereinafter set forth; and
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES
HEREIN, IT IS MUTUALLY AGREED AS FOLLOWS:
I. Management. The TNDC and Owner will administer a site based waiting list for
the following property: the Dalt Hotel, 34 Turk Street, San Francisco, CA 94102
(the “Project”). Both TNDC and Owner agree that in the administration of the site
based waiting list they will comply with all Applicable Laws (defined below).
II. Applicable Laws. “Applicable Laws” are defined as the following, to the extent
applicable to the administration of a site-based waiting list: The San Francisco
Housing Authority Annual Plan for Fiscal Year 2011-12 (“Annual Plan”), as
such plan may be amended or updated; the U.S. Housing Act of 1937, the Federal
Fair Housing Act and all HUD regulations and other requirements, including any
amendments or changes in the law or HUD requirements; and all California fair
housing laws, including but not limited to the Unruh Civil Rights Act, and the
California Fair Housing Act. The SFHA represents that, other than the Annual
Plan, there are no plans subject to HUD approval or agreements with HUD
governing the administration of a site-based waiting list.
III. Insurance. TNDC and Owner both agree to maintain a policy of liability
insurance with respect to TNDC and Owner’s waiting list administration. Said
policy must contain provisions necessary to cover the SFHA in the event there is
an allegation of mismanagement of the site based wait list and to satisfy the
indemnity obligations of TNDC and Owner under Section III. The limits of the
liability insurance shall not be less than Two Million Dollars ($2,000,000) per
occurrence and Two Million Dollars ($2,000,000) in the aggregate. Both policies
shall name the SFHA as additional insured, and shall contain an endorsement that
the insurer will not cancel or terminate the insurance without first giving the
SFHA thirty (30) days prior written notice.
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IV. Indemnity by TNDC and Owner TNDC and Owner shall indemnify, defend
and hold harmless the SFHA and its officers, commissioners, managers, members,
employees, contractors and agents from and against any and all liabilities, costs or
expenses, including attorney fees (collectively, “Claims”), arising from:
i. Any breach or alleged breach by TNDC or Owner of any provision of this
Agreement, including but not limited to Section I, Management.
ii. Such indemnity obligation shall not apply to the extent that any Claims
result from the negligence or misconduct of the SFHA and its officers,
managers, members, employees, contractors or agents, or by any breach of
this Agreement by SFHA.
V. Indemnity by SFHA. The SFHA shall indemnify, defend and hold harmless
TNDC, the Owner and their respective officers, employees, contractors and
agents from and against any and all Claims arising from any misrepresentation,
breach or alleged breach by SFHA of any provision of this Agreement. Such
indemnity obligation shall not apply to the extent that any Claims result from the
negligence or misconduct of TNDC, the Owner, or any of their officers,
employees, contractors and agents, or by any breach of this Agreement by TNDC
or Owner.
VI. Representations. The SFHA may permit site-based waiting lists only following
approval by HUD of the SFHA’s annual plan in accordance with 24 CFR
903.7(b)(2) . The SFHA represents and warrants to the Owner and TNDC that the
SFHA has received HUD approval of its annual plan and that it is otherwise
authorized to permit a site-based waiting list for the Project under 24 CFR
903.7(b)(2) and 42 U.S.C 1437d(r).
VII. Entire Agreement. This AGREEMENT is the entire agreement between THE
PARTIES concerning its subject matter, supersedes all prior agreements and
understandings, whether or not written, and is not intended to confer upon any
person other than THE PARTIES any rights or remedies hereunder.
VIII. Confidentiality. The SFHA and TNDC will maintain complete confidentiality of
any confidential or privileged information concerning labor negotiations,
employment matters, or services provided to, or received by, the SFHA.
IX. Termination of Agreement.
i. TNDC or the Owner may terminate this AGREEMENT for any reason at
least thirty (30) days after providing written notice to the SFHA of such
termination.
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ii. The SFHA may terminate this Agreement only if TNDC or Owner is in
default under this Agreement and such default is not cured within thirty (30) days
after written notice from the SFHA to TNDC and the Owner, or if such default is
not capable of being cured within such 30-day period, if the defaulting party does
not commence to cure the default within such 30-day period and diligently
complete such cure.
X. Severability. If any part of this AGREEMENT is deemed by a court to be
unenforceable, the remainder of the AGREEMENT shall remain be enforceable.
XI. Notice. All Notices, pursuant to this AGREEMENT, must be mailed to:
SFHA:
The Office of General Counsel
The San Francisco Housing Authority
1815 Egbert Street
San Francisco, CA 94124
TNDC:
Tenderloin Neighborhood Development Corporation
201 Eddy Street
San Francisco, CA 94102
Attn: Executive Director
OWNER:
Dalt Hotel, L.P.
c/o Tenderloin Neighborhood Development Corporation
201 Eddy Street
San Francisco, CA 94102
Attn: Executive Director
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IN WITNESS WHEREOF, this instrument has been duly executed by an authorized
representative of each of the parties.
SAN FRANCISCO HOUSING AUTHORITY TENDERLOIN NEIGHBORHOOD
DEVELOPMENT CORPORATION
By: _____________________________ By: __________________________
Executive Director Executive Director
By: ____________________________
Office of the General Counsel
For the SFHA
DALT HOTEL, L.P.,
a Delaware limited partnership
By: Turk Street, Inc., a California
nonprofit public benefit corporation,
its general partner
By: ___________________
Executive Director
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RESOLUTION NO: ______________
ADOPTED: May 10, 2012
RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A
SITE BASED WAIT LIST AGREEMENT WITH TENDERLOIN NEIGHBORHOOD
DEVELOPMENT CORPORATION
WHEREAS, 24 CFR Section 983.251 provides the mechanism to create a site based wait list for
Project Based Vouchers; and
WHEREAS, the San Francisco Housing Authority and the Tenderloin Neighborhood Community
Development Corporation (“TNDC”) wish to execute a memorandum of understanding to allow TNDC to
administer site based wait lists at the following properties:
3. Dalt Hotel, 34 Turk Street, San Francisco, CA,
4. West Hotel, 141-145 Eddy Street, San Francisco, CA; and
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE HOUSING
AUTHORITY OF THE CITY AND COUNTY OF SAN FRANCISCO THAT:
1. The Executive Director is hereby authorized to enter into a memorandum of understanding between
the San Francisco Housing Authority and TNDC to create site based waiting lists at the following
properties:
a. Dalt Hotel, 34 Turk Street, San Francisco, CA,
b. West Hotel, 141-145 Eddy Street, San Francisco, CA
2. This Resolution shall take effect immediately.
APPROVED AS TO FORM AND LEGALITY: REVIEWED BY:
___________________________________ _______________________________
Timquin Larsen, General Counsel Rev. Amos Brown, President
Date: ______________________________ Date: __________________________